Laxshmini Devi @ Lakshmini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4046 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Laxshmini Devi @ Lakshmini Devi Wife of Tulsi Paswan Resident of Village - Neuri Lodipur, P.S.- Belaganj and District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Belaganj P.S. Case No. 239 of 2019, registered for the offence punishable under Sections 304(B), 328 and 34 of the Indian Penal Code. The informant alleged that her sister-in-law (Nanad) Puja Devi (deceased) was married with one Mantosh Paswan through court marriage in the year 2016. After marriage, her husband and in-laws started demanding dowry and also subjecting her to cruelty. On 07.07.2019, informant received information that Puja Devi has died. After receiving such information, informant reached at the sasural of Puja Devi and found that the dead-body was lying in the courtyard and froth was coming out from her mouth. It is further alleged that all the accused persons including this petitioner committed murder of

Patna High Court CR. MISC. No.4046 of 2020(2) dt.22-01-2020 2/3 Puja Devi by administering poison to her.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is mother-in-law of the deceased. Petitioner is living separately and has no concern with the family affairs of her son and the deceased. Moreover, there is general and omnibus allegation against this petitioner. Petitioner is in custody since 08.07.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Gaya in connection with Belaganj P.S. Case No. 239 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.4046 of 2020(2) dt.22-01-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T